WATCH LIVE: Mnangagwa To Extend Term Using A Statutory Instrument

According to Blessing Vava’s analysis in an interview with CITE, interview, there are several constitutional extension strategies being explored or discussed by ZANU-PF regarding the presidency and governing structures. Here’s a detailed summary of each method presented:

1. Conventional Constitutional Amendment (with Referendum)

• Process:

  • Public notice of proposed amendments (giving Zimbabweans at least 90 days to familiarize themselves with the changes).

  • The proposed changes must be debated and voted on in both lower house (Parliament) and upper house (Senate).

  • A two-thirds majority is required in both houses to pass the amendment.

  • After Parliament approves, it must go to a national referendum for citizen approval.

  • Feasibility: According to Vava, this route is technically possible but practically unrealistic due to strict procedural and time requirements.​

2. Attempt to Bypass the Referendum

• Discussion about the ruling party’s legal committee meeting in May, aiming to find mechanisms to amend the constitution without a referendum.

• The Speaker of Parliament reportedly also produced documentation suggesting legal ways to navigate around the requirement for a referendum.

• Strategy: Argue that certain term extension changes do not require a referendum if they don’t fundamentally alter the structure of the presidency.

3. Deharmonization and Extension of Term

• Key Argument: There is no explicit constitutional limit saying a presidential term must be exactly 5 years, so a proposal is floated to “deharmonize” the synchronization of Parliament and Presidential terms and simply extend the president’s tenure by 2 years.

• The claim is that this is not actually a “new term” but just an extension, and thus may be less constitutionally problematic in their interpretation.

4. Parliament Elects the President – ‘Breaking Barriers Initiative’

• There is mention of a “Breaking Barriers” document circulating, proposing that the president be elected by Parliament (not by direct popular election).

• The intent, according to projections referenced by Vava, is to have such amendments done by December—effectively letting President Mnangagwa start a fresh term in January and potentially suspend general elections for up to 10 years.

• Justification: The document bases its argument on the claim that most of Zimbabwe’s problems stem from “toxic elections and disputed outcomes.”

5. Suspending Elections on National Security Grounds

• The idea of suspending elections (for a decade or more) is floated with the logic of stabilizing the nation and avoiding the “toxicity” of frequent, contested electoral cycles.

• This is regarded as illegal by Vava and outside the constitutional norms, but he notes there are attempts to legally justify it.

6. Use of Statutory Instruments and Executive Decree

• Vava points out that the government increasingly relies on statutory instruments (SIs) to make far-reaching policy or even constitutional decisions, often bypassing Parliament altogether.

• Decisions about tenders, appointments, or key governance matters are allegedly now made informally—sometimes outside conventional governmental frameworks—and then rubber-stamped later.

Summary Table of Methods:

Blessing Vava’s core message:
While some of these strategies are technically possible under current procedures, most are legally or morally indefensible and reflect ZANU-PF’s determination to retain power through any means, including questionable manipulation of constitutional and parliamentary procedures.​